Perkins v. Towle
Supreme Court of New Hampshire
Action, upon the landlord and tenant act, transferred to this court on pleas of title. The relation of landlord and tenant never existed between the parties. Motion for a nonsuit denied, and the defendant excepted.
1Opinion of the CourtAllen, J.
The twenty-third section of the landlord and tenant act, Gen. St., c. 231, empowers a justice of the peace to summon the tenant in all real and possessory actions, and try all questions as to the right of immediate possession except the question of title; and the defendant can have the benefit of a jury trial, either on a plea of' title or appeal, only by submitting to the burden of giving security not merely to prosecute his appeal, but also to pay rent and damages for detention of the land.
The constitutional right of jury trial is not -infringed if a reasonably unfettered right of appeal…
2Cases cited1 opinion
- Copp v. HennikerSupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Mathewson v. HamSupreme Court of Rhode Island · 1899